Understanding Gender-Identity Discrimination

This article was written by Lauren Moak Russell.

This has been a month of major changes in the employment law landscape in Delaware. In addition to the Supreme Court’s three major decisions affecting employment law (addressing retaliation and harassment under Title VII, and the constitutionality of the federal Defense of Marriage Act) and the legalization of gay marriage, Delaware also passed a law prohibiting employment and other types of discrimination on the basis of an individual’s gender identity. Here is what Delaware employers need to know about the new statute. Continue reading

Employees and the Burdens of Being Beautiful

Being beautiful ain’t all it’s cracked up to be.  Or so it seems from the legal-news headlines.

First, there are the “Borgata Babes.”  The female cocktail servers at Borgata Hotel and Casino in Atlantic City, known as Borgata Babes, challenged the legality of their employer’s policy prohibiting them from gaining more than 7% of their body weight after they were hired.  The Babes lost the lawsuit, though, when a New Jersey judge granted Borgata’s motion for summary judgment. Continue reading

Court Orders Gender-Based Sentence to Female Defendant

Today’s post is more of a rant than anything close to a legal analysis.  Yesterday, Mark Hansen of the ABA Journal reported about a sentence issued by a judge in Halifax County, N.C.

The defendant, a 21-year-old female, Tonie Marie King, pleaded guilty to being drunk and disorderly and resisting arrest.  Police were called to the scene in response to a call alleging that King hold stolen beer from a convenience store.  When police arrived, King put up a fight and kicked the arresting officer. Continue reading

No, I am not from the Midwest. Sex Discrimination Lives On.

Gender discrimination happens. Let’s not pretend that it doesn’t. I have not, in my short life as a lawyer, ever felt that I was not getting the same opportunities as my male counterparts. But I don’t pretend that it doesn’t happen. Recently, I had an interaction with a senior lawyer from an out-of-state firm that reminded me how lucky I am. Continue reading

Who Says I’m a Girly Man? Doth Sayeth the EEOC

The EEOC has enjoyed several victories in recent months. For example, the EEOC was granted summary judgment in a hostile-environment claim filed on behalf of a class of black construction workers. Even more recently, the EEOC was awarded summary judgment in an age-discrimination lawsuit against the City of Baltimore. But things haven’t been all peaches and cream for the EEOC. Continue reading

Not So Simply Irresistible, Says Iowa Supreme Court

I’ve posted more than my share of stories involving allegations by employees that they were terminated because they were “too sexy” for the job. For example, there was the female banker who sued Citigroup, alleging that she was terminated for being “too sexy for her job.” Then there was the data-entry employee who was terminated from her job in a lingerie warehouse for, she alleged, wearing what her employer considered to be clothing that was “too sexy.” Continue reading

Employment Discrimination and Domestic Violence

Northern Delaware managed to escape Sandy largely unscathed, I feel very lucky to say. Our thoughts are with those who are still without power and, especially, with those whose homes were damaged by the storm. I am grateful to be able to return to work, though. In the spirit of maintaining normalcy, today’s post is not going to focus on hurricanes, floods, or other natural disasters. Just employment law. Stay safe, everyone. Continue reading